Many Indians rely on their credit cards for daily expenses, and keeping track of transactions is crucial. But what happens when you need copies of your old credit card statements, and the bank starts charging hefty fees? The Right to Information (RTI) Act, 2005, empowers citizens to seek information from public authorities. This case highlights how an RTI application can be used to access credit card statements, even when faced with potential charges, and what happens when there are delays in response. Understanding this can help you navigate similar situations with your own bank.
Background: What Information Was Sought
An RTI applicant approached the State Bank of India (SBI) seeking copies of their credit card statement of accounts from the very beginning of the card’s usage until the current date. They also wanted to know the exact cost or fee levied company for obtaining copies of these statements, both for monthly statements and for a complete set covering the entire period the credit card was active. The initial RTI application was forwarded Public Information Officer (PIO) to the Vice President (Customer Service) of SBI Cards & Payment Services Limited, with a copy sent to the applicant. Unfortunately, the applicant did not receive any response within the stipulated time frame as per the RTI Act.
How the Public Authority Responded
Following the lack of a satisfactory response, the applicant escalated the matter through an appeal. The First Appellate Authority (FAA) stated that SBI Cards & Payment Services Limited is an independent company registered under the Companies Act, 1956, and operates separately from the State Bank of India. The FAA clarified that SBI itself does not handle credit card operations and therefore has no responsibility to provide such information. The FAA also referenced a previous decision from 2007 Central Information Commission (CIC) which suggested that either SBI Cards itself or SBI could be considered a public authority for these services.
The CIC Hearing: What Happened
During the hearing at the Central Information Commission (CIC), neither the applicant nor the respondent (SBI Cards) were present. However, a representative from SBI Cards presented their side. They explained that the information requested applicant pertained to obtaining duplicate copies of statement of accounts. They clarified that while original monthly statements are provided free of charge, duplicate copies are usually available only on payment. Crucially, the SBI Cards representative stated that, as a one-time gesture, the copies were being provided to the applicant free of charge.
The CIC Order and Its Significance
Considering the information provided SBI Cards representative that the requested statements were being made available to the appellant free of charge, the Central Information Commission (CIC) decided that no further action was required on the RTI application itself. The appeal was thus rejected because the core request was being fulfilled. However, the CIC did not overlook the delay in the process. A show-cause notice was issued to the concerned respondent. This notice asked them to explain the reason for the delay in taking action on the RTI application and to justify why penalty action should not be initiated against them under Section 20 of the RTI Act for the delayed response.
Key Lessons for RTI Applicants
- Lesson 1: Identify the Correct Public Authority: Sometimes, the entity you think is responsible might be a separate legal entity. As seen in this case, SBI Cards is a distinct company. It’s important to try and identify the specific body that holds the information you need. If unsure, you can file with a general authority, and they are obligated to transfer it to the correct one under Section 6(3) of the RTI Act.
- Lesson 2: Delays Can Lead to Penalties: Even if the information is eventually provided, significant delays in responding to an RTI application are not acceptable. The CIC’s issuance of a show-cause notice highlights that public authorities can be held accountable for not adhering to the time limits stipulated in Section 7 of the RTI Act.
- Lesson 3: Understand Charges for Information: While the RTI Act mandates that certain information should be provided free of charge, there can be reasonable costs associated with providing voluminous information or duplicate copies. However, the authority must clearly state these charges and the basis for them. In this case, the “one-time gesture” suggests that normally, duplicate statements would incur a fee.
How to File a Similar RTI Application
- Step 1: Identify the Correct Public Authority: Determine which entity is responsible for your credit card account. For SBI credit cards, it’s likely SBI Cards & Payment Services Limited.
- Step 2: Draft Your RTI Application: Clearly state the information you require. Be specific about the period for which you need the statements and any other related information, like charges for duplicate copies.
- Step 3: Pay the Application Fee: The standard fee for an RTI application is Rs. 10. You can pay this through a demand draft, IPO, or cash, as per your local authority’s rules.
- Step 4: Submit and Track: Submit your application to the Public Information Officer (PIO) of the concerned authority. Keep a copy for your records and note the date of submission. If you don’t receive a response within 30 days (or 35 days if transferred), you can file a First Appeal.
Sample RTI question you can use:
Under the Right to Information Act, 2005, please provide free of charge, copies of my credit card statement of accounts for the period from [Start Date] to [End Date]. Additionally, please provide details of any fees or charges applicable for obtaining duplicate copies of credit card statements.
Conclusion
This case demonstrates that even when dealing with private companies that perform public functions, the RTI Act can be a powerful tool for citizens to access information. While the applicant eventually received their statements, the process underscored the importance of timely responses and the potential consequences for public authorities that delay their duties. Always remember your right to seek information and utilize the RTI Act to hold authorities accountable and obtain the information you are entitled to.
